4 total
Partial summary judgment on freight forwarder's counterclaim denied due to overlapping issues with main action.
The defendant freight forwarder brought a motion for partial summary judgment on its counterclaim for unpaid invoices.
The plaintiff had contracted the defendant to transport machinery from Brazil to Ontario, which was delayed and invoiced at a significantly higher amount than quoted.
The plaintiff sued for damages and the defendant counterclaimed for the unpaid invoice balance, relying on a clause in its Standard Trading Conditions requiring payment without set-off.
The court dismissed the motion, finding that the disputed invoice amounts were deeply connected to the plaintiff's underlying claim and that granting partial summary judgment would not reduce the complexity or duration of the upcoming trial, risking inconsistent findings of fact.
The Court of Appeal stayed a decision striking down legislation reducing Toronto's municipal wards mid-election.
The Attorney General of Ontario appealed a Superior Court decision that declared provisions of Bill 5 (Better Local Government Act, 2018) unconstitutional for violating freedom of expression rights under s. 2(b) of the Canadian Charter of Rights and Freedoms.
Bill 5 reduced Toronto's municipal wards from 47 to 25 mid-election.
The application judge found that the mid-campaign change substantially interfered with candidates' ability to communicate their political messages and violated voters' right to effective representation.
The Court of Appeal granted a stay of the lower court's order pending appeal, finding a strong likelihood that the application judge erred in law and that the appeal would succeed.
The court held that Bill 5 does not limit or restrict candidates' messages and that the right to effective representation falls under s. 3 (democratic rights), not s. 2(b) (freedom of expression), and s. 3 does not apply to municipal elections.
Judicial review Application allowed
The province enacted Bill 5, reducing Toronto wards from 47 to 25, mid-municipal election.
Applicants challenged its constitutionality.
The court found Bill 5 violated candidates' and voters' freedom of expression under s. 2(b) of the Charter, as it substantially interfered with campaign communication and denied effective representation due to increased ward sizes.
The violation was not justified under s. 1, as the legislative objectives (better decision-making, voter parity) were not pressing and substantial enough to warrant mid-election implementation, nor was minimal impairment demonstrated.
The impugned provisions were declared unconstitutional and set aside, requiring the election to proceed with 47 wards.
Legacy directed for purchase of life annuity vests on testator's death and is subject to garnishment.
The appellant appealed a motion judge's order allowing a judgment creditor to garnish funds from an estate that were directed by the testatrix's will to be used to purchase a non-commutable life annuity for the judgment debtor.
The Court of Appeal dismissed the appeal on the merits, holding that the legacy vested in the judgment debtor upon the testatrix's death and was therefore subject to garnishment.
However, the Court granted leave to appeal the costs order and directed that the costs of the initial motion be paid out of the estate rather than by the appellant.
